Colorado law mandates that resident bidders be given a preference over non-resident bidders equal to the preference given by the state in which the non-resident bidder is a resident, i.e., if a non-resident bidder is 4% lower than the resident bidder but the state of residence of the non-resident bidder awards a 5% preference to in-state resident bidders, then the Colorado bidder becomes the lowest bidder by 1%. In the event of a tie, preference is given to the Colorado bidder.

Colorado Procurement Code & Rules: R-24-111-102-02

Preferences

(a) No provision is made in this Code for preferences or set asides for minority- owned or women-owned businesses.

(b) In the event tie low bids are received in response to solicitations for bids

for commodities, pursuant to §24-103-202 C.R.S., preference is given to the

resident bidder,pursuant to §§24-103-202.5 and 8-18-101 C.R.S.

Colorado Revised Statutes ​(C.R.S)§8-18-101

​Bid Preference - state contracts

​(1) (a) Except as provided in paragraph (b) of this subsection (1) and in section 8-8-103, when a contract for commodities or services is to be awarded to a bidder, a resident bidder as defined in section 8-19-102 (2) shall be allowed a preference against a nonresident bidder equal to the preference given or required by the state in which the nonresident bidder is a resident.

(b) Notwithstanding paragraph (a) of this subsection (1), when an invitation for bids for a contract for the purchase of commodities results in a low tie bid, as defined in section 24-103-101, C.R.S., the provisions of section 24-103-202.5, C.R.S. apply.

(c) For the purposes of this subsection (1), "commodities" includes supplies as defined in section 24-101-301 (22), C.R.S.

(2) If it is determined by the officer responsible for awarding the bid that compliance with this section may cause denial of federal moneys which would otherwise be available or would otherwise be inconsistent with requirements of federal law, this section shall be suspended, but only to the extent necessary to prevent denial of the moneys or to eliminate the inconsistency with federal requirements.

(3) This section applies to contracts governed by the procurement code in articles 101-112 of title 24, C.R.S.

C.R.S.

§24-103-202.5

Low tie bids- award procedure and determination - bid preference

(1) If low tie bids are received in response to an invitation for bids for a supply contract, the following procedures are required:

(a) If the low tie bids are from a resident bidder and a nonresident bidder, the resident bidder shall be given preference over the nonresident bidder;

(b) If the low tie bids are from resident bidders, the procurement officer shall:

(I) Use a fair and reasonable procedure for determining which bidder receives the contract award that at a minimum provides for the presence, at the time and place the determination is made, of the bidders or the bidders' representatives and an impartial witness designated by the prominent officer who is not an employee of that procurement officer's agency; and

(II) Give the bidders at least five business days' written notice by certified mail of the date the determination will be made, of the procedure for making the determination, and that the bidders or the bidders' representatives may be present when the determination is made;

(c) If the low tie bids are only from nonresident bidders, the procurement officer shall follow the procedures in subparagraphs (I) and (II) of paragraph (b) of this subsection (1);

(d) All other applicable provisions of the code that are not inconsistent with this section shall be followed.

(2) If the procurement officer determines that compliance with this section will cause denial of federal moneys that would otherwise be available or would otherwise be inconsistent with federal law, this section shall be suspended, but only to the extent necessary to prevent denial of the moneys or to eliminate the inconsistency with federal law.